ContractMemorandum of Agreement • February 23rd, 2012 • Diana Containerships Inc. • Deep sea foreign transportation of freight • London
MEMORANDUM OF AGREEMENT Norwegian Shipbrokers' Association's Memorandum of Agreement for sale and purchase of ships. Adopted by the Baltic and International Maritime Council (BIMCO) in 1956. Code-name SALEFORM 1993 Revised 1966, 1983 and 1986/87. Dated: 19th December 2011
FACILITY AGREEMENT relating to a revolving credit facility of up to US$100,000,000 (which may be increased to US$150,000,000 subject to further syndication) dated 16 December 2011 for DIANA CONTAINERSHIPS INC arranged by THE ROYAL BANK OF SCOTLAND plc...Facility Agreement • February 23rd, 2012 • Diana Containerships Inc. • Deep sea foreign transportation of freight
CONTENTS Clause Page No. 1 DEFINITIONS AND INTERPRETATION 1 2 THE FACILITY 17 3 PURPOSE 18 4 CONDITIONS OF UTILISATION 18 5 UTILISATION 21 6 REPAYMENT 22 7 PREPAYMENT AND CANCELLATION 22 8 INTEREST 26 9 INTEREST PERIODS 27 10 CHANGES TO THE CALCULATION OF INTEREST 27 11 FEES 28 12 TAX GROSS UP AND INDEMNITIES 30 13 INCREASED COSTS 32 14 OTHER INDEMNITIES 33 15 MITIGATION BY THE LENDERS 34 16 COSTS AND EXPENSES 35 17 GUARANTEE AND INDEMNITY 36 18 REPRESENTATIONS 39 19 INFORMATION UNDERTAKINGS 41 20 FINANCIAL COVENANT S 44 21 GENERAL UNDERTAKINGS 45 22 INSURANCE 47 23 SHIP COVENANTS 52 24 SECURITY COVER 55 25 APPLICATION OF EARNINGS 57 26 EVENTS OF DEFAULT 57 27 CHANGES TO THE LENDERS 61
